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Curtilage

despite being in common use, and clearly an important concept (everything within the curtilage of a listed building erected prior to 1948 is is potentially subject to listed building control), curtilage has never been defined in law, and the difficulties of determining the extent of the curtilage of a listed building continually presents problems. The situation is much complicated by different building types consider, for example, the circumstances of a farm steading, and the fact that a building can never be in more than one curtilage. While a basic description may be of "a piece of ground ancillary to a building and necessary to the function and/or enjoyment of that building," there are three basic factors to consider namely, the physical relationship of the building and the listed building; past and present ownership, and the past and present use.